Trading Standards investigate businesses for a variety of reasons relating to non-compliance with the law. When it comes to the laws designed to prevent the sale of certain products to underage people, there are several circumstances under which Trading Standards may decide to launch an investigation.

The foremost reason is usually reports about your business alleging that you are selling age-restricted products - including everything from alcohol, tobacco products, knives and fireworks to age-restricted video games - to people who are below the minimum legal age to buy them. This applies whether you are alleged to have done so on purpose, or by accident. Businesses are required to have robust systems in place to verify the age of customers before selling restricted products, and if these systems are either absent or inadequate to prevent underage sales, this is often a reason for an investigation.

Evidence of supplying restricted products or services to underage people can come in many forms, but may begin with consumer reports or complaints. Trading Standards may decide to act on observations or evidence provided by the general public in this form. Officers may also be spurred into action by evidence given to police during the course of an unrelated investigation.

The authority is also proactive in trying to detect and address businesses breaking age restriction laws. Trading Standards may find evidence during the routine checks and surveillance that it carries out into business activities. Alternatively, it may conduct test purchases by sending undercover officers or authorised young people (volunteers under the age of 18) to attempt to buy age-restricted goods. If a business fails the test by selling a product to someone who is not legally old enough to buy it, it could face penalties and further investigation.

Finally, a history of non-compliance may cause investigators to make follow-up visits to a business and if evidence is gathered in these circumstances, it could lead to a broader investigation. No matter the type of investigation you are subjected to, legal advice is crucial to help protect your business and make sure you are treated fairly by Trading Standards and related authorities.

A Trading Standards investigation into the sale of age-restricted products typically involves several key steps, from the initial complaint or suspicion through to enforcement actions. No two cases are alike, but an investigation must usually proceed through all of the following stages before it concludes:

• Complaints and tips: as we have noted above, an investigation often begins with a complaint from the public or a business competitor. Tips can also come from law enforcement or community groups, or start as the result of a routine inspection or scheduled checks on a business.
• Gathering evidence: there are several approaches that may be used to secure evidence. This includes purchases (where underage volunteers or undercover officers attempt to buy age-restricted products) and surveillance to observe business practices directly. Trading Standards officers may inspect sales records, employee training logs, and other relevant documentation to determine compliance with legal requirements. They are also empowered to interview staff within your business to gather more information about your procedures and compliance measures. While the techniques used to investigate an online retailer may differ slightly, their aim will be the same.
• Building a case: after collecting evidence, Trading Standards officers will assess whether there has been a breach of legal obligations. This includes reviewing the effectiveness of age verification systems and compliance with other statutory requirements. From there, the authority will determine whether to take the business to court, issue a warning, or take no action. Legal advice during the investigation stage can be crucial in avoiding or limiting proceedings.
• Enforcement actions: if minor infractions are found, the business may receive a warning along with advice on how to improve compliance. For more serious or repeated breaches, Trading Standards can impose fines, sometime referred to as penalty notices. The severity of penalties can depend on factors like the nature of the offence and the business's history of compliance, and a solicitor can work to try to reduce penalties that are unfair. For example, they may be able to present mitigating circumstances or build a robust defence that can reduce or avoid penalties in these cases.
• Prosecution: in cases of significant non-compliance, or when previous enforcement actions have failed, Trading Standards may pursue criminal prosecution at the end of an investigation. This can lead to court cases and potentially result in stricter penalties, which may include substantial fines or even imprisonment for serious offences.
• Monitoring: following enforcement, Trading Standards may revisit the business to monitor compliance on an ongoing basis. Additional follow-ups may be scheduled to ensure that corrective actions are taken and maintained.

Throughout any investigation, Trading Standards officers must adhere to legal standards of evidence collection and fair procedure. Businesses typically have the right to be informed of the nature of any accusations so that they can seek legal advice and representation. If you need legal support during an investigation by UK authorities, speak to the team at JMW for tailored support. We often assist in these case by preparing a client for and attending interviews with Trading Standards officers, or making written representations in place of an interview.